Smt. Anju Rastogi vs City Magistrate /R.C And E.O, ...
2019 Latest Caselaw 1851 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 19
 
Case :- WRIT - A No. - 4539 of 2019
 

 
Petitioner :- Smt. Anju Rastogi
 
Respondent :- City Magistrate /R.C And E.O, Kanpur Nagar And Another
 
Counsel for Petitioner :- Prakhar Tandon
 

 
Hon'ble Manoj Kumar Gupta,J.

It is stated that the second respondent, after revision filed by the petitioner was allowed by order dated 17.3.2017 and Rent Control & Eviction Officer was directed to decide the issue relating to vacancy afresh, deliberately did not appear in the proceedings. The Rent Control & Eviction Officer, consequently declared the vacancy by order dated 30.12.2017. The second respondent, thereafter filed a recall/ review application for recall of order dated 30.12.2017. The Rent Control & Eviction Officer recalled the order dated 30.12.2017 without appreciating the fact that the second respondent, as per admission contained in his affidavit dated 10.1.2018 had full knowledge of the pendency of proceedings before the Rent Control & Eviction Officer, after remand of the case.

The matter requires consideration.

Issue notice to the second respondent fixing a date in week commencing 13 May 2019.

Steps shall be taken to serve the said respondent by registered post within a week.

Counter affidavit, if any, be filed by the next date.

Having regard to the facts of the case and the submission made, further proceedings in pursuance of impugned order dated 13.2.2019, shall remain stayed till the next date of listing.

(Manoj Kumar Gupta, J.)

Order Date :- 28.3.2019

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